N.Y. Social Services Law § 387: Ineligibility for public foster care funds; fiscal penalties

§ 387. * Ineligibility for public foster care funds; fiscal penalties.

* NB Effective until June 30, 2027

* Public foster care funds; ineligibility.

* NB Effective June 30, 2027

* 1. The office of children and family services shall, by regulation,

promulgate standards to determine that an authorized agency, or one or

more of its programs or facilities, is ineligible to receive public

foster care funds or should be assessed a fiscal penalty. Such standards

shall include the following:

(a) lack of public need, including but not limited to geographic or

programmatic need, for the agency or one or more of its programs or

facilities;

(b) failure of the agency to promote the placement of children in

permanent, safe family homes through return to the children's own

families or through adoption, or other appropriate objectives for

children, as measured by such factors as length of stay in foster care

for children with similar personal and family characteristics; and

(c) a pattern or practice of repeated violation of the provisions of

this chapter or of the regulations of the office of children and family

services promulgated thereunder.

* NB Effective until June 30, 2027

* 1. The department shall, by regulation, promulgate standards to

determine that an authorized agency, or one or more of its programs or

facilities, is ineligible to receive public foster care funds. Such

standards shall include the following:

(a) lack of public need, including but not limited to geographic or

programmatic need, for the agency or one or more of its programs or

facilities;

(b) failure of the agency to promote the placement of children in

permanent family homes through return to the children's own families or

through adoption, or other appropriate objectives for children, as

measured by such factors as length of stay in foster care for children

with similar personal and family characteristics; and

(c) a pattern or practice of repeated violation of the provisions of

this chapter or of the regulations of the department promulgated

thereunder which have occasioned the denial of reimbursement pursuant to

section one hundred fifty-three-d or three hundred ninety-eight-b of

this chapter.

Such standards shall be developed with the participation of the child

welfare standards advisory council established pursuant to section four

hundred nine-h of this chapter and in consultation with public and

voluntary authorized agencies, citizens' groups and concerned

individuals and organizations including the state council on children

and families.

* NB Effective June 30, 2027

* 2. A determination of ineligibility to receive public foster care

funds or the assessment of a fiscal penalty shall be made upon a finding

of substantial noncompliance with one or more of the standards developed

and adopted pursuant to subdivision one of this section. Such findings

and determination shall be made in accordance with the hearing

procedures set forth in section four hundred sixty-d of this chapter

relating to the revocation, suspension or limiting of operating

certificates. Such determination shall be subject to judicial review in

accordance with article seventy-eight of the civil practice law and

rules.

* NB Effective until June 30, 2027

* 2. A determination of ineligibility to receive public foster care

funds shall be made upon a finding of substantial noncompliance with one

or more of the standards developed and adopted pursuant to subdivision

one of this section. Such findings and determination shall be made in

accordance with the hearing procedures set forth in section four hundred

sixty-d of this chapter relating to the revocation, suspension or

limiting of operating certificates. Such determination shall be subject

to judicial review in accordance with article seventy-eight of the civil

practice law and rules.

* NB Effective June 30, 2027

3. A determination of ineligibility to receive public foster care

funds shall specify whether it applies to the agency generally or to a

particular program or facility of the agency.

4. A social services official shall not purchase foster care from any

authorized agency, or program or facility thereof, which has been

determined to be ineligible to receive public foster care funds in

accordance with the provisions of this section. Any contract between a

social services district and an authorized agency shall be deemed null

and void to the extent that it is inconsistent with the provisions of

this subdivision.

5. The commissioner shall report forthwith in writing, to the

governor, the temporary president of the senate and the speaker of the

assembly with respect to each case in which a determination of

ineligibility to receive public foster care funds has been made pursuant

to this section. Such report shall contain the name of the agency and

the reason or reasons for the determination of ineligibility.

* 6. Any fiscal penalty received by the office of children and family

services pursuant to this section shall be deposited to the credit of

the children and family services quality enhancement fund established

pursuant to section ninety-seven-yyy of the state finance law.

* NB Repealed June 30, 2027